The Chaos Theory of Halacha – Part 3 of 3

In last week’s essay, I pointed out that in the Orthodox world Halacha is an open market. While great halachic authorities spontaneously become accepted as the main arbiters, any knowledgeable person can write or say anything, so long as they adhere to the masoret. The arbiters, besides possessing a wealth of knowledge, must have or develop the flexibility that will allow the unpredictable to enter the halachic conversation. Maimonides, in his Thirteen Principles of Faith and his Mishneh Torah, codified Judaism into a fixed theology, while in his Guide for the Perplexed he hid the systematic theology behind a deliberately chaotic text. This caused a crisis that, to this day, has created problems for the future of a vigorous Judaism.

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The task of today’s halachists and philosophers is to reverse this phenomenon and allow Halacha to once again be what it has always been: an anarchic, colorful and unequaled musical symphony that requires room to breathe. Only a dynamic system of Halacha can guide the Jewish people and the State of Israel to a promising future. This is not just a matter of semantics. It is of crucial importance, because it will be impossible for the State of Israel to exist without being deeply influenced by Halacha. The great Jewish philosopher Saadia Gaon said, “Our nation is a people only by virtue of our Torah.” (1)

This is as true today as it was in the past. All attempts to define the Jewish people otherwise have utterly failed, no matter how many thinkers and sociologists have tried.

Nevertheless, a system of Halacha that cannot be true to itself, but is constantly plagued by dogmatism, stagnation and systematization, will cause not only its own downfall but also that of the Jewish people and the Jewish State.

In my opinion, Halacha is in need of more “chaos.” It must allow for many ways to live a halachic life unbound by too many restrictions of conformity and codification. It must make room for autonomy on the part of individuals, to choose their own way once they have undertaken to observe the foundations of Halacha. Acceptance of minority opinions will have to become a real option, and some rabbinical laws must be relaxed so that a more living Judaism will emerge. While some people need more structure than others, in this day and age we must create halachic options that the codes such as the Mishneh Torah of Maimonides and the Shulchan Aruch of Rabbi Yosef Karo do not provide.

Surely those who prefer to live by the strict rules of the codes should continue to do so. For some, these rules are actually a necessity – even a religious obligation – since this may be the only way they can experience God. But they should never become an obstacle to those who are unable to adhere to them. Labeling these new approaches “non-Orthodox,” or “heresy,” is entirely missing the point.

I wish to be clear: I am not advocating Reform or Conservative Judaism which, as I stated earlier, have paradoxically become overly structured and agenda-driven. They lack sufficient “chaos” to make them vigorous.

While there is great beauty in attending synagogue three times a day to pray, we clearly see that much of it has become mechanic – going through the motions, but no religious experience. Yes, it’s better than not being involved in any prayer at all, but the price we pay is increasing by leaps and bounds. It is pushing many away. Codification is the best way to strangle Judaism. By now, Orthodox Judaism has been over-codified and is on its way to becoming more and more irrelevant.

This is made evident by the mere fact that in Israel more and more people are staying away from Orthodox Judaism while becoming increasingly involved in Jewish studies and ritual. What Judaism needs is depth, God-consciousness, and religious experience, which is not offered by the codes but is certainly provided by a living, vibrant practice of Halacha.

I believe that one of Halacha’s main functions is to protest against a world that is becoming ever more complacent, self-indulgent, insensitive, and egocentric. Many people are unhappy and apathetic. They no longer live a really inspiring life, even though they are surrounded by luxuries, which no one would have even dreamed of only one generation ago.

The purpose of Halacha is to disturb. To disturb a world that cannot wake up from its slumber because it thinks that it is right. The great tragedy is that the halachic community itself has been overcome by exactly those obstacles against which the Halacha has protested and for which it was created. Halachic living has become the victim of Halacha. The religious community has succumbed to the daily grind of halachic living while being disconnected from the spirit of Halacha, which often clashes with halachic conformity for the sake of conformity. Many religious people convince themselves that they are religious because they are “frum.” They are conformists, not because they are religious but because they are often self-pleasers, or are pleasing the communities in which they live.

Large numbers of religious Jews live in self-assurance and ease. The same is true of the secular community. Both live in contentment. But as Rabbi Dr. Louis Jacobs notes: “Who wants a life of contentment? Religion throughout the ages has been used to comfort the troubled. We should now use it to trouble the comfortable…” (2)

*With thanks to my students Anne Gordon and Yael Shahar for their observations.

Questions to Ponder from the David Cardozo Think Tank:

We suggest printing out and discussing at your Shabbat table, if you like.

1) Rabbi Cardozo calls for halachists and philosophers to allow Halacha to once again be anarchic. What historical, sociological, religious and political trends over the last several decades in Israel might make this call a wise, or alternatively an unwise, direction in your opinion?

2) Many, especially in the Orthodox community, worry that a more disordered approach to Halacha than that currently practiced will lead to a severe split in the Jewish people and the need for sifrei yochsin (genealogical registries, to prove people’s Jewishness). What, if any, safeguards could be put in place in advance to prevent such a split were the chaotic/disordered model adopted?

3) Rabbi Cardozo suggests, “It [a dynamic system of Halacha] is of crucial importance, because it will be impossible for the State of Israel to exist without being deeply influenced by Halacha. The great Jewish philosopher Saadia Gaon said, ‘Our nation is a people only by virtue of our Torah.’ This is as true today as it was in the past. All attempts to define the Jewish people otherwise have utterly failed.”
To what extent do you agree or disagree with this statement and why? Have all other attempts to define the Jewish people truly failed? What does Rabbi Cardozo’s suggestion presuppose about the nature of Jewish identity – and to what degree is Halacha, Torah, or the Jewish religion itself, essential to that identity?

4) Would it really be impossible for the State of Israel to exist without strong halachic basis? Didn’t the Jewish people thrive during the period of King David, before the very concept of Halacha existed?

5) Do you view the current trend in Israel as being towards or away from a central role for Halacha and Torah? If the latter is true, it follows, according to the premise above, that it would be highly problematic for the future of the State. Can anything be done about it?

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About Nathan Lopes Cardozo

Rabbi Dr. Nathan Lopes Cardozo is the Founder and Dean of the David Cardozo Academy and the Bet Midrash of Avraham Avinu in Jerusalem. A sought-after lecturer on the international stage for both Jewish and non-Jewish audiences, Rabbi Cardozo is the author of 13 books and numerous articles in both English and Hebrew. He heads a Think Tank focused on finding new Halachic and philosophical approaches to dealing with the crisis of religion and identity amongst Jews and the Jewish State of Israel. Hailing from the Netherlands, Rabbi Cardozo is known for his original and often fearlessly controversial insights into Judaism. His ideas are widely debated on an international level on social media, blogs, books and other forums.

Every week I receive hundreds of emails, as well as a host of important observations on my essays, via our website, Facebook, newspaper blogs, and other media outlets. It is therefore completely impossible for me to respond – for which I apologize – but please be assured that I read every comment, which I deeply appreciate and from which I learn so much. Only in exceptional cases will I respond in a subsequent essay. My office staff will try to be more prompt in posting these remarks on our website.

Thank you very much for taking the time to share your comments with me, as well as with your fellow readers. I hope you will continue to do so.

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The David Cardozo Academy seeks to revitalize the Jewish tradition and restore the relevance of Judaism as a force of authentic, non-dogmatic Jewish religiosity in which Jews once more take pride in the divine Torah and its great moral and spiritual mission towards all of mankind.

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